2012年10月30日星期二

再答客問

My reader Justus Wong posted 2 comments on 再談暴風雨來臨 A Storm of Unprecedented Ferocity Revisitation:


2 則留言:

  1. 標少,點睇呢單虐兒案DCCC 351/2012,判六年(區院最多可裁七年)香港的法官(裁判法院、區域法院)好少用盡它們的判刑,特別係暫委法官,因為他們可能過幾個月後要返回裁判法院去審案,如果法官為求安全,避免雙方面都上訴,判五年較為穩陣(因為其中一個求情理由是被告的智力問題)避免上訴令到自己可以更容易上位。都知你曾認識彭中屏法官,如何評價他及你認為該案是否應在高院審訊多過區院,六年刑期是否過輕?有好多法官以前都係律政處或現稱的律政司工作,是否曾參與的律政司的檢控工作的法官較多為釘官?據我所知,檢控官起高院所得的工資比區院為高,為何檢控都係選擇起區域法院進行?香港的法官會開會討論他們的判刑,你如何評價香港的判刑政策?多謝指教!


    Justus Wong2012年10月30日 下午12:16

    沒意思,沒睇案例就問你,原來09年有單類似的案,HCCC 47/2010 賴磐德法官審,當其時又係判六年,我相信律政司及法官都係依據此案去帶被告去區院審及判決的,所以我都係無問題要問了,麻煩哂!
  2. Here comes my reply.
Justus,

Thank you for the comments though part of the questions you asked were answered by yourself. The case handled by Line, J bears a lot of similarities to the instant case handled by CP Pang. There are some obvious distinctions. In Line's case, the defendants faced Manslaughter and Ill-treatment of child charges. The sentence of 6 years was based on a starting point of 9 years for the Manslaughter charge. After deduction given to their guilty pleas, the sentence was reduced to 6 years. Unfortunately, Line did not give a meticulous judgement as to the sentence in respect of the Ill-treatment charge. Reasons for sentence like that fall short of clarity. CP was dealing with an Ill-treatment charge only. 6 years after trial is on the high side if not manifestly excessive. The news report mentioned that the deft is of below normal IQ. It is something the court should take into account. We have to bear in mind the instant offence attracts a maximum of 10 years only (S.27 Cap 212). The venue of District Court is appropriate. That said, I learn the facts from the media report only. My comments may not be fair and comprehensive.

CP was an ex-colleague but the last time I met him was about 5 years ago. After I opened the blog, I avoid seeing any judicial officers. Not that I am afraid of them, I just do not want people to suspect they may be my snitch tipping me off or giving me insider information. On the other hand, when I do not befriend any of them, I have the unfettered free will to write, in laudatory or derogatory manner. 

As for the difference of income earned from High Court and District Court prosecution, I believe you refer to fiat counsel instead of public prosecutors. Public prosecutors are humble civil servants earning a fixed income.  The District Court is not as hectic as the High Court. Let me choose, I will go to the tennis court. Are people previously prosecuting more conviction minded when they move to the bench? It is a question difficult to answer. I cannot find a yardstick objective enough to do the measurement. Many magistrates or judges who do not come from DOJ also convict a lot or dismiss a lot of appeal cases and vice versa. 

You asked me about sentencing policy. You must be kidding. Who am I? What am I? You should ask the learned people in the field. I am only a country bumpkin down under. 

Bill

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